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NAVSTRAT-2030     NAVSTRAT-2030

 Figure 8.1                                               CHAPTER 9
 Interagency Coordination            LEGAL AND REGULATORY FRAMEWORK



                   Maritime law has its own terminologies and jurisdictions such as other legal regimes. This brief
                   introduction into the maritime law offers a framework outlining the most important legal concepts,
                   including a few maritime aspects of the law that are vital to carry out duties and responsibilities in
                   effective and efficient manner.

                   Present maritime  security  environment is  more complex and  involves  many  national and
                   international legal regimes. A conceptual understanding on maritime legal frameworks and correct
                   implementation are vital to address issues and law enforcement activities in the maritime domain
                   by the SLN and the SLCG.

                   United Nations Convention on the Law of the Sea (UNCLOS)
                   The legal  position regarding the  sea  is  a matter  covered  under international laws,  in  which
                   UNCLOS can be considered as the present international law of the sea. Sri Lanka ratified the
                   UNCLOS on 19th July 1994 and exercises jurisdiction over the territorial sea, contiguous zone,
                   EEZ and the continental shelf in par with the definitions laid down in the convention.
                   The Maritime Zones Law No. 22 of 1976, is one of the major legislations that links with the above
                   international law instrument which proclaimed its maritime boundaries, especially the territorial
                   sea area to be free of such prejudicial conduct by the users recognizing the importance of national
                   security  envisaged  by the  Charter  of the United  Nations. Further,  it  contains  provisions that
                   regulate state rights and interests in respect of the sea. As per the provisions of this law as well as
                   the 1974 agreement between India and Sri Lanka settled the maritime boundary between them in
                   the Palk Strait. Also, in 1976 another two Agreements were concluded on the maritime boundary
                   in the Gulf of Mannar and the Bay of Bengal between the two states and the Republic of the
                   Maldives on the tri-junction point between India, Sri Lanka and Maldives in the sea beyond the Gulf
                   of Mannar. As such, the demarcated maritime zones around Sri Lanka is undisputed and void of
                   contentions by neighbouring states. However, Sri Lanka’s Continental Shelf claim is yet to be
                                                                                                th
                   finalized.  Further,  the  Proclamation by President W.  Gopallawa dated  15   January 1977
                   prescribed the country’s maritime baselines, declared a 12 nautical mile territorial sea, a 24 nautical
                   mile contiguous zone, and a 200 nautical mile EEZ / pollution prevention zone and all to be
                   measured seaward from the baseline. It also defined Sri Lanka’s historical waters in the Palk Strait,
                   Palk Bay and the Gulf of Mannar.

                   Sri Lanka Navy’s Key Concerns


                         Legal Provisions Related to Fisheries. Fisheries of Sri Lanka is governed by Fisheries
                          and Aquatic Resources Act No. 2 of 1996 as amended by Acts No. 4 of 2000, No. 4 of
                          2004, No. 22 of 2006, No. 35 of 2013, No. 2 of 2015, No. 2 of 2016 and No. 11 of 2017.
                          In addition, illegal fishing activities by foreign fishing boats are regulated using provisions
                          available under the Fisheries (Regulation of Foreign Fishing Boats) Act No. 59 of 1979 as
                          amended by Act No. 1 of 2018. These two Acts contain provisions required to deal with
                          all illegal activities conducted by local fishing boats as well as foreign fishing boats in Sri
                          Lankan waters  and  by local fishing  boats  in  high-seas  and waters  under the national
                          jurisdictions of other Coastal States.





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